Other conditions decisions — 2000

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA death pension benefits in the amount of $4,068.00 due to her failure to promptly notify the RO of the total amount of family income received from Social Security Administration.

The Board denied the veteran's request for waiver of recovery of a VA home loan guaranty indebtedness, finding that he was at fault in creating the debt and that collection would not be against equity and good conscience.

The Board determined that the burial expenses paid by the appellant for her husband's funeral should be excluded from her countable income, allowing her to receive improved death pension benefits.

The Board denied service connection for peptic ulcer disease, finding that the evidence did not support a grant of service connection based on direct or secondary service connection.

The Board has granted a higher evaluation for the veteran's service-connected right lower extremity disability, but only to account for additional manifestations of arthritis and instability. The current rating remains at 10 percent.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection, but it is not clear whether the condition was aggravated by active duty training. The decision remains undecided on this point.

The veteran is entitled to compensation for TMJ dysfunction, which he claims was caused by dental treatment authorized by the VA from 1983 to 1993. The claim is based on direct service connection and not involving any presumption or secondary conditions.

The Board previously denied the veteran's request for a compensable rating for his service-connected bilateral defective hearing. The Court has ordered the case back to the RO for another decision, taking into consideration new evidence and additional information provided by the appellant.

The veteran's myeloblastic leukemia is not due to service or exposure to Agent Orange, and the claim for service connection is denied.

The veteran's claim for an increased rating for lymphadenitis was denied as the evidence did not show that he met the criteria for a compensable evaluation.

The Board denied the veteran's attempt to reopen his claim for nonservice-connected pension benefits due to lack of new and material evidence.

The veteran's right foot disorder, including degenerative joint disease and loss of the longitudinal arch, is currently rated at 20 percent under Diagnostic Code 5010 (post-traumatic arthritis) - 5284 for a moderately severe foot injury. The claim has been granted.

The Board denied the veteran's attempt to reopen his claim for service connection of a bilateral hip disorder, finding that no new and material evidence had been submitted.

The Board denied the veteran's claim for service connection for cardiovascular disease, including Prinzmetal's disease, finding that there was no evidence linking the condition to service or a service-connected disability.

The Board denied the veteran's claim for waiver of overpayment, finding that he was at fault in creating the overpayment due to his failure to notify VA promptly of his divorce and remarriage. The decision also noted that recovery would not result in undue financial hardship.

The Board has determined that the veteran's service-connected postoperative residuals of adenocarcinoma of the appendix and colon with history of ulcerative colitis do not warrant an increased disability rating in excess of 30 percent.

The Board denied an increased disability evaluation for left eye enucleation, finding that the appellant's condition does not meet the criteria for a higher rating based on inability to wear a prosthesis or having light perception only in the nonservice-connected right eye.

The Board found that the appellant's diagnosed sinus disorder has not been shown to have had its onset during active duty, including service in the Persian Gulf War. Therefore, the claim for service connection was denied.

The Board granted a 40 percent disability evaluation for the veteran's service-connected herniated disc at L4-5, finding that the evidence raised a reasonable doubt as to whether the condition is productive of severe impairment.

The Board found no medical evidence linking the veteran's current back disability to an in-service injury, thus denying service connection.